Shihab Burke LLC Immigration Lawyers helps U.S. citizens and green card holders obtain a marriage green card for a foreign national spouse. Our Columbus marriage green card lawyers handle cases where the spouse lives abroad and cases where the spouse is already in the United States. From our offices in Columbus and Dublin, Ohio, we serve couples in the Columbus area, throughout Ohio, and across the United States, including spouses who live abroad. We also represent same-sex couples, whose marriages are recognized for U.S. immigration purposes.
Highlights
- A U.S. citizen or green card holder can sponsor a husband or wife for a marriage green card.
- Spouses of U.S. citizens do not wait for a visa number. Spouses of green card holders may wait.
- A spouse abroad applies for a spouse visa (CR-1 or IR-1) at a U.S. embassy. A spouse in the United States may apply for a green card through adjustment of status, without leaving the country.
- USCIS checks that the marriage is real at both the petition stage and the green card stage. Most couples are interviewed.
- A spouse whose marriage is less than two years old on the day the spouse becomes a permanent resident gets a two-year green card and must later file Form I-751.
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How Does a Marriage Green Card Work?
A marriage green card case has two main stages: the I-130 petition and the green card application.
- The I-130 petition. The U.S. citizen or green card holder files Form I-130, Petition for Alien Relative, with U.S. Citizenship and Immigration Services (USCIS). The petition proves that the marriage is legal and real. An approved petition does not give the spouse legal status by itself. The petition includes Form I-130A, which gives information about the foreign spouse, such as addresses and jobs for the past five years. The sponsor also must later show enough income on the Affidavit of Support (Form I-864).
- The green card application. When a visa is available, the spouse applies for the green card. A spouse abroad applies through a U.S. embassy or consulate (consular processing). A spouse in the United States may be able to apply through adjustment of status, without leaving the country.
Our Approach
Before we file, we review your entire case, including, for example, the evidence of your shared life and any past immigration issues, so you can start your life together with confidence.
“…even if we had received an rfe, yet they held our hands and helped us through and through to have us approved again.”
— Google review
Talk with a Columbus marriage green card lawyer: 866-665-0001.
Who Qualifies for a Marriage-Based Green Card?
A couple qualifies for a marriage-based green card if the marriage is legal and real, and the sponsor is a U.S. citizen or green card holder. In more detail:
- The marriage must be legally valid where it took place. Any earlier marriage of either spouse must have legally ended.
- The marriage must be real. A real marriage, also called a bona fide marriage, means the couple married to build a life together, not only to get a green card.
- The sponsor must sign an Affidavit of Support (Form I-864), a legal promise to financially support the spouse. A joint sponsor can help if the sponsor’s income is too low.
- The spouse must be admissible. Admissible means nothing in the spouse’s past, such as certain crimes or immigration violations, bars a green card. Some problems can be forgiven with a waiver.
Is There a Wait for a Spouse Visa?
The wait for a spouse visa depends on the sponsor. Spouses of U.S. citizens do not wait for a visa number. Spouses of green card holders may have to wait. Even when a visa is available right away, government processing still takes time, so every spouse waits for the case to be processed.
Spouses of U.S. citizens are immediate relatives. There is no yearly limit for immediate relatives, so a visa is available as soon as USCIS approves the petition. Spouses of green card holders are in the F2A category. They may need to wait until their priority date (their place in line) is current in the Visa Bulletin, a monthly chart from the U.S. Department of State.
If the green card holder becomes a U.S. citizen during the case, the spouse usually becomes an immediate relative and no longer waits for a visa number.
How Does a Spouse Living Abroad Get a Spouse Visa?
A spouse living abroad gets a spouse visa through consular processing, which means applying at a U.S. embassy or consulate. The spouse visa is called a CR-1 visa if the marriage is less than two years old when the visa is issued. The spouse visa is called an IR-1 visa if the marriage is two years old or more at that time.
After USCIS approves the petition, the National Visa Center (NVC) collects fees, forms, financial documents, and civil documents such as birth and marriage certificates. The NVC then schedules the interview and forwards the case to the U.S. embassy or consulate. The interview is now generally held in the country where the spouse lives.
After the visa is issued, the spouse enters the United States as a permanent resident, or as a conditional permanent resident if the marriage is less than two years old. The green card arrives by mail. Learn more about consular processing and 221(g) refusals, which put a visa on hold until more documents or checks are completed.
Can a Spouse in the United States Get a Green Card Without Leaving?
Often, yes. A spouse in the United States may be able to use adjustment of status. Adjustment of status means applying for the green card on Form I-485 without leaving the country. Spouses of U.S. citizens can usually file the petition and the green card application together. While the application is pending, the spouse can apply for a work permit and travel permission.
Whether a spouse can apply from inside the United States depends on how the spouse entered and on the spouse’s current status:
- A spouse of a U.S. citizen who entered the United States legally may be able to apply even if the spouse’s permission to stay has expired.
- A spouse of a green card holder usually must have kept legal status and must wait until a visa is available.
- A spouse who entered the United States without inspection (without being checked by an immigration officer) usually cannot apply from inside the United States. That spouse may need to apply at an embassy abroad, sometimes with a provisional waiver (Form I-601A).
There is a concern if a spouse entered the United States as a visitor or student while already planning to marry and stay. That can be treated as lying to the government, which is called misrepresentation. Couples in this situation should talk to a lawyer before filing. Learn more about adjustment of status.
How Do We Prove a Bona Fide (Real) Marriage?
A bona fide marriage is a real marriage that the couple entered to build a life together. Couples prove that a marriage is real with documents that show a shared life. USCIS and the State Department check this at both the petition stage and the green card stage. Helpful evidence can include:
- Joint leases, mortgages, or property records
- Joint bank accounts, tax returns, and insurance policies
- Birth certificates of children born to the couple
- Photos together over time, travel records, and messages
- Letters from family and friends who know the couple
Strong evidence filed at the start can prevent a Request for Evidence (RFE), which is a government request for more documents. We review the evidence before filing.
What Happens at a Marriage Green Card Interview in Columbus?
At a marriage green card interview, an officer asks both spouses questions about the marriage and reviews the documents. Couples who live in the Columbus area and apply from inside the United States are usually interviewed at the USCIS Columbus Field Office. USCIS has many field offices across the United States, and our attorneys represent clients at USCIS interviews at any USCIS office in the United States.
Officers may interview the spouses together or separately. Common topics include how the couple met, the wedding, daily routines, and plans for the future. All answers must be true. Our attorneys prepare couples for the interview. Learn more about preparing for a marriage green card interview.
What If USCIS Questions Our Marriage?
If USCIS questions a marriage, USCIS may send a Request for Evidence, a Notice of Intent to Deny (NOID), or a denial. A NOID is a written warning that USCIS plans to deny the case. The notice gives a short deadline to respond.
USCIS may also deny a case without first sending an RFE or a NOID. Couples who receive any of these notices should contact a lawyer right away, because the response deadline may be short and it takes time to prepare a complete, well-supported response. Learn more about marriage green card RFEs, responding to a marriage NOID, marriage fraud allegations, and appealing an I-130 denial.
What Is a Conditional Green Card?
A conditional green card is a green card that is valid for two years. A spouse receives a conditional green card if the marriage is less than two years old on the day the spouse becomes a permanent resident. For a spouse in the United States, that day is the day the green card application is approved. For a spouse abroad, it is the day the spouse enters the United States.
To keep permanent resident status, the couple must file Form I-751 to remove the conditions during the 90 days before the card expires. That is about one year and nine months (21 months) after the spouse becomes a conditional resident. After approval, the spouse receives a 10-year green card. If the marriage is two years old or more on the day the spouse becomes a permanent resident, the spouse receives a 10-year green card from the start. The couple then does not file Form I-751. If the marriage ends before the conditions are removed, the spouse may still be able to remove the conditions with a waiver. Learn more about removing conditions with Form I-751.
What Is a K-3 Spouse Visa?
A K-3 spouse visa is a temporary visa for the foreign spouse of a U.S. citizen. The K-3 visa lets the spouse enter the United States while the green card petition is still pending. Green card holders cannot use the K-3 visa for a spouse. An unmarried child under 21 of the foreign spouse may receive a K-4 visa to travel with or after the parent.
The K-3 visa is rarely used today, because the regular spouse visa is usually processed just as fast. If USCIS approves Form I-130 first, the National Visa Center usually closes the K-3 case, and the spouse continues with the regular spouse visa. We advise couples on whether a K-3 visa helps in their situation.
What Are the Government Fees for a Marriage Green Card (Form I-130 and Form I-485)?
We update this information regularly, but government filing fees have changed frequently in recent years. The amounts below are provided for general information only and should not be relied on for a filing. For every case we file, our office calculates the applicable government fees and informs the client of the exact amounts at the time of filing.
The main government fees for a marriage green card case are:
| Form or Service | Government Fee |
|---|---|
| Form I-130, Petition for Alien Relative | $675 by mail; $625 online |
| Form I-485, Application to Adjust Status (spouse in the United States) | $1,440 |
| Department of State immigrant visa application (spouse abroad) | $325 |
| Affidavit of Support review by the National Visa Center (spouse abroad) | $120 |
| USCIS Immigrant Fee, paid after the visa is issued (spouse abroad) | $235 |
| Form I-751, Petition to Remove Conditions on Residence | $750 by mail; $700 online |
Current amounts are listed on the USCIS fee schedule (Form G-1055) and on the Department of State’s Fees for Visa Services page.
How Our Columbus Marriage Green Card Lawyers Help
Our marriage green card lawyers handle the full case, from the petition to the 10-year green card. We:
- Decide whether the spouse should apply from inside the United States or at an embassy abroad
- Check for problems, such as earlier marriages, past visa refusals, time without legal status, or arrests
- Prepare Form I-130, the green card application, and the evidence that the marriage is real
- Prepare both spouses for the interview
- Respond to Requests for Evidence, Notices of Intent to Deny, and 221(g) notices
- Prepare the petition to remove conditions two years later
Our goal is to file cases with a strong basis in the law and the evidence. Before filing, we review every requirement and every document in the case. This includes, for example, the proof of your shared life, any earlier marriages, past visa refusals or overstays, how the spouse entered the United States, and the sponsor’s income. Because USCIS can now deny some cases without first asking for more evidence, we would rather tell you about a problem at the start and work to resolve it than have the government find it later. Our aim is to help you and your spouse build your life together in the United States with confidence.
Every family case is different. At the consultation, we review your situation, explain what our representation will cover, and quote a fee. Most cases are handled for a flat fee.
What Our Clients Say
Reviews from our clients are published on our home page. Here is what some of our clients have said:
“My husband and I have been working with immigration since 2019. With the help of the firm, my husband received his conditional green card in the mail today.”
— Google review
“…took the time to answer all of our questions and doubts with total patience and clarity. What truly set them apart was how thoroughly they prepared us for our immigration interview…”
— Google review
“Shihab Burke, LLC, Attorneys at Law conducted my I-130 process with professionalism, clarity and with upmost respect.”
— Google review
Frequently Asked Questions About Marriage Green Cards
How long does a marriage green card take?
The time for a marriage green card depends on three things: whether the sponsor is a U.S. citizen or a green card holder, whether the spouse is in the United States or abroad, and current government processing times. Spouses of green card holders may also wait for a visa number. Processing times change often, so we give each couple a current estimate at the consultation.
What is the difference between a CR-1 and an IR-1 visa?
A CR-1 visa is a spouse visa for a marriage that is less than two years old when the spouse enters the United States. The spouse receives a two-year conditional green card. An IR-1 visa is for a marriage that is two years old or more. The spouse receives a 10-year green card.
Can a same-sex spouse get a marriage green card?
Yes. USCIS and the U.S. Department of State treat same-sex marriages the same as any other marriage. The marriage must be legally valid in the place where it took place, even if the couple now lives in a state or country that does not recognize same-sex marriage. The process, the forms, and the evidence of a real marriage are the same as for any other couple.
Can my spouse work while the green card application is pending?
Yes, in most cases. A spouse who applies for a green card inside the United States can also apply for a work permit. The work permit is called an Employment Authorization Document, or EAD.
Can my spouse travel while the green card application is pending?
A spouse with a pending green card application inside the United States usually should not leave the country without advance parole. Advance parole is travel permission from USCIS. Leaving without advance parole can cause USCIS to treat the green card application as abandoned.
Do both spouses go to the marriage green card interview?
Usually, yes. USCIS normally requires both spouses to attend a marriage green card interview inside the United States. At an embassy interview abroad, the foreign spouse attends, and the U.S. spouse may be asked for documents.
What happens if a green card holder becomes a U.S. citizen while the spouse’s case is pending?
When a green card holder becomes a U.S. citizen, the spouse usually becomes an immediate relative. The spouse then no longer waits for a visa number. The couple should tell their lawyer right away so the case can be updated.
Is a K-3 spouse visa a good choice?
In most cases, no. The regular spouse visa (CR-1 or IR-1) is usually just as fast as the K-3 visa. The National Visa Center usually closes the K-3 case once Form I-130 is approved.
Related Videos and Articles
- What Happens at a USCIS Green Card Interview? (video)
- 10 Questions to Expect During Green Card Interview (video)
- Can You Get the Spouse of an LPR to the United States Any Faster? (video)
- Fiancé Visa vs. Marriage Visa: Understand the Difference (article)
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Talk With a Columbus Marriage Green Card Lawyer
Our Columbus office is at 4449 Easton Way #200, Columbus, OH 43219. Our Dublin, Ohio office is at 565 Metro Pl S #100, Dublin, OH 43017. Both offices are open by appointment only, Monday through Friday, 9 a.m. to 5 p.m.
Contact our Columbus or Dublin, Ohio office, or call 866-665-0001, to schedule a consultation in person, by phone, or by video conference.
